What is considered content promoting drug use?

Published: 19 September 2017

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Illustration: drug consumption

Websites where drugs are sold or their consumption is promoted constitute content promoting drug use.

Messages conveyed through websites, chat services or email are considered content promoting drug use if the person making the report claims that they promote the consumption of drugs or new psychoactive substances or are used to offer or trade in such drugs/substances.

Act C of 2012 on the Criminal Code

Drug Trafficking

Section 176

(1) Any person who offers or supplies narcotic drugs or is engaged in the distribution or trafficking in narcotic drugs is guilty of a felony punishable by imprisonment between two to eight years.

(2) The penalty shall be imprisonment between five to ten years if the criminal act is committed:

a) in criminal association with accomplices;

b) by a public official or a person entrusted with public functions, acting in such official capacity; or

c) in any facility of the Hungarian Armed Forces or law enforcement agencies, or the facilities of the Nemzeti Adó- és Vámhivatal (National Tax and Customs Authority).

(3) The penalty shall be imprisonment between five to twenty years or life imprisonment if the criminal act is committed in respect of a substantial quantity of narcotic drugs.

(4) Any person who provides material assistance for the criminal acts defined in Subsections (1)-(3) shall be punishable as set forth therein.

(5) Any person who offers or supplies a small quantity of narcotic drugs shall be punishable:

a) for a misdemeanor by imprisonment not exceeding two years in the case of Subsection (1);

b) by imprisonment between one to five years in the cases defined in Paragraphs b)-c) of Subsection (2).

(6) Any person who:

a) is engaged in preparations for the criminal offenses defined in Subsections (1) and (2) is punishable by imprisonment not exceeding three years;

b) is engaged in preparations for the criminal offense defined in Subsection (3) is punishable by imprisonment between one to five years.

Section 177

(1) Any person over the age of eighteen years who:

a) offers or supplies narcotic drugs to a person under the age of eighteen years;

b) is engaged in the distribution of or trafficking in narcotic drugs by using a person under the age of eighteen years;

c) inside or in the proximity of a building serving the purpose of education, public learning, child welfare or child protection activities:

ca) offers or supplies narcotic drugs,

cb) engaged in the distribution of or trafficking in narcotic drugs,

is guilty of a felony punishable by imprisonment between five to ten years.

(2) The penalty shall be imprisonment between five to twenty years or life imprisonment if the criminal act is committed:

a) in respect of a substantial quantity of narcotic drugs;

b) in criminal association with accomplices;

c) by a public official or a person entrusted with public functions, acting in such official capacity.

(3) Any person who provides material assistance for the criminal acts defined in Subsections (1)-(2) shall be punishable as set forth therein.

(4) Any person who commits the criminal offense defined in Paragraph a) or Subparagraph ca) of Subsection (1) in respect of a small quantity of narcotic drug is punishable by imprisonment between one to five years, or between two to eight years if committed by a public official or a person entrusted with public functions, acting in such official capacity.

(5) Any person who engages in preparations for the criminal act described in Subsection (1) or (2) is punishable by imprisonment not exceeding three years.

Illegal Possession of New Psychoactive Substances

Section 184

(1) Any person who:

a) imports or exports, or transports new psychoactive substances in transit through the territory of Hungary;

b) manufactures, supplies, offers, places on the market or deals with new psychoactive substances;

is guilty of a felony punishable by imprisonment not exceeding three years.

(2) In the application of this Section, ‘new psychoactive substance’ shall have the meaning defined in the Act on Medicinal Products for Human Use and on the Amendment of Other Regulations Related to Medicinal Products.